Cal. Civ. Code § 33
Cooking spaces
Operative Text
§ 33. Cooking spaces. 1. Every space which is intended, arranged or designed for cooking or warming of food shall be either a kitchen or kitchenette. The term "kitchen" shall mean such a space eighty square feet or more in floor area. The term "kitchenette" shall mean such a space which is less than eighty square feet in floor area. 2. Every cooking space shall be deemed to be in compliance with this section if such space was accepted or approved by the department on or before June thirtieth, nineteen hundred ninety-five, and is maintained in accordance with such acceptance or approval. 3. Except as provided in sections sixty-one and sixty-seven and subdivision two of this section, a kitchen or kitchenette shall be unlawful unless it is constructed, arranged and maintained in compliance with the following applicable provisions: a. The ceiling and walls, exclusive of doors, of all kitchenettes shall be fire-retarded or in lieu thereof such space shall be equipped with one or more sprinkler heads to fuse at a temperature not higher than two hundred twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at least one-half inch inside diameter. b. In every kitchen and kitchenette, all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming of food shall be fire-retarded or covered with asbestos at least three-sixteenths of an inch in thickness and twenty-six gauge metal or with fire-resistive material of equivalent rating, except where such apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards for such apparatus. There shall always be at least two feet of clear space above any exposed cooking surface of such apparatus. c. Every kitchenette constructed after July first, nineteen hundred forty-nine, shall be provided with a window opening upon a street or upon a yard, court, shaft, or upon any space above a setback. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten per centum of the superficial floor area of such kitchenette. In lieu of such window, such kitchenette may be provided with mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette or, when such kitchenette is on the top story, may have a skylight at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and shall have ventilating openings of at least one-half of the area of the skylight. d. Every kitchenette constructed after July first, nineteen hundred forty-nine, may be equipped with a door or doors, provided the lower portion of each such door has a metal grille containing at least forty-eight square inches of clear openings or, in lieu of such a grille, there are two clear open spaces, each of at least twenty-four square inches, one between the bottom of the door and the floor, and the other between the top of each such door and the head jamb. e. Every kitchen and kitchenette shall be provided with gas or electricity or both, and shall be equipped for artificial lighting.
New York Multiple Dwelling Law § 33 establishes definitions and construction standards for spaces used to cook or warm food in multiple dwellings. A cooking space of 80 square feet or more is classified as a "kitchen," while one under 80 square feet is a "kitchenette." The law sets out specific requirements for fire protection, ventilation, clearance above cooking surfaces, and lighting, and it provides that cooking spaces accepted or approved by the relevant department on or before June 30, 1995, remain compliant as long as they are maintained in accordance with that original approval.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 33, compliant operators generally ensure that every cooking space in their building is properly classified based on floor area and meets the applicable construction and maintenance standards for that classification. For kitchenettes, this typically means maintaining fire-retarded ceilings and walls or functioning sprinkler systems, adequate ventilation through windows or mechanical means, proper clearance above cooking surfaces, and gas or electrical service with artificial lighting. Operators with cooking spaces that received departmental approval before June 30, 1995, generally keep records of that approval and maintain those spaces in accordance with its terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 33 establishes minimum standards for cooking spaces in multiple dwellings, including fire safety, ventilation, and lighting requirements that landlords are obligated to meet. If a cooking space in a rental unit appears to lack required fire protection, adequate ventilation, or proper clearance above cooking surfaces, tenants may have grounds to raise a violation of this section. General enforcement paths can include filing a complaint with the local housing or buildings department, raising the condition in a housing court proceeding, or reaching out to a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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